ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2019 DOCKET NUMBER: AR20190002061 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 236-307, dated 24 August 2007 * Manifest Roster * Permanent Orders 099-003, dated 8 April 2008 * Post-Deployment Health Assessments, 2008 and  2010 * Standard Form 600 (Chronological Record of Medical Care), 2008 – 2014 * Senior Medic letter, dated 24 May 2016 * Witnesses Sworn Statements * Witness Statement * DA Form 4187 dated 7 November 2017 * Self-Authored Statement, dated 23 January 2018 * Memorandum, US Army Medical Department Activity, dated 24 April 2018 * Memorandum, Command & General Staff School, dated 3 May 2018 * Memorandum for the Army Review Boards Agency, dated 10 November 2018 * Standard Form 600, dated 13 November 2018 * Memorandum for the Army Review Boards Agency, dated 8 January 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He believes he was wrongfully denied the Purple Heart for his mild traumatic brain injury from an enemy detonated improvised explosive device. b. He believes he meets the requirements for the Purple Heart in accordance with Army Regulation 600-8-22 (Military Awards). c. He was diagnosed with a concussion by a medical officer and placed on limited duty. d. He was treated with medication following the event. e. His Standard Form 600s show he has reoccurring headaches. 3. The applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry, 2nd Brigade Combat Team and deployed in support of Operation Iraqi Freedom 07-09. 4. He was awarded the Combat Action Badge as the result of an enemy improvised explosive device in Iraq on 21 March 2008. 5. He provided Post-Deployment Health Assessments and Chronological Records of Medical Care that state he was involved in a blast injury while in Iraq in 2008. 6. He provided a letter from the senior combat medic, who states the applicant was involved in an IED explosion on 21 March 2008. The medic states: * the applicant was reported as being unconscious during the event * he administered the concussion screening tool * the concussion tool reported concussive-like symptoms * after a few days, the applicant was sent to the Forwarding Operating Base Kalsu * the applicant was put on 24 hours of light duty as the symptoms remained * he is unclear why his screening results were not included in the applicant's medical records * he takes full responsibility for not insuring the medical records were not properly maintained 7. He provided witness statements that state he and several others were diagnosed with probable concussions and put on light duty for 48 hours. 8. The Command & General Staff School Student Detachment 5C submitted a personnel action, dated 30 April 2018 to the US Army Human Resources Command requesting the Purple Heart for the applicant, 9. He provided a memorandum for record, dated 23 January 2018, while he was a student at the Command & General Staff College, stating that the battalion aid station lost power, and because of that the medic's report of his examination was written on paper. 10. In a memorandum for record dated 24 April 2018, the Deputy Commander for Clinical Services, U.S. Army Medical Department Activity, Fort Leavenworth, KS, stated she had reviewed the applicant’s medical record and other health assessments since 2008. She stated she believes he suffered a mild traumatic brain injury as a result of an improvised explosive device that affected his vehicle. He did not seek medical care immediately, but has been consistently noting it on all electronic records since the incident. In 2014 he sought care for the lingering headaches from the mild traumatic brain injury. 11. The applicant provided a narrative to the U.S. Army Human Resources Command, dated 3 May 2018, requesting a retroactive Purple Heart. 12. The U.S. Army Human Resources Command, by memorandum dated 18 June 2018, disapproved the applicant's request for the award of the Purple Heart in support of Operation Iraqi Freedom because the medical documentation he provided did not indicate the diagnosis of and treatment for a qualifying injury. 13. Army Regulation 600-8-22 provides criteria for award of the Purple Heart. It states a wound is defined as an injury to any part of the body from an outside force or agent sustained while in action against an enemy or as a result of hostile action. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. a. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b. Examples of enemy-related injuries which clearly justify award of the Purple Heart include mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. c. Examples of enemy-related injuries which clearly do not justify award of the Purple Heart include mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, medical record, and witness statements were carefully considered. Based upon the preponderance of evidence, the Board agreed the applicant is entitled to the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds caused by enemy forces on 21 March 2008, and adding the Purple Heart to his DD Form 214. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. S ADMINISTRATIVE NOTE(S): Not applicable. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 provides criteria for award of the Purple Heart. It states a wound is defined as an injury to any part of the body from an outside force or agent sustained while in action against an enemy or as a result of hostile action. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. a. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b. Examples of enemy-related injuries which clearly justify award of the Purple Heart include mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. c. Examples of enemy-related injuries which clearly do not justify award of the Purple Heart include mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002061 0 3 1